Citation Nr: 0839300
Decision Date: 11/14/08 Archive Date: 11/20/08
DOCKET NO. 03-02 860A ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in Chicago,
Illinois
THE ISSUE
Entitlement to service connection for arthritis of the upper
extremities.
REPRESENTATION
Appellant represented by: Vietnam Veterans of America
ATTORNEY FOR THE BOARD
Siobhan Brogdon, Counsel
INTRODUCTION
The veteran served on active duty from September 1971 to
September 1977.
This appeal comes before the Department of Veterans Affairs
(VA) Board of Veterans' Appeals (Board) from rating decisions
of the VA Chicago, Illinois Regional Office (RO) that denied
service connection for arthritis of the arms.
The case was remanded by decisions of the Board dated in
August 2004, March 2006, and April 2007.
Following review of the record, the appeal will be addressed
in a REMAND via the Appeals Management Center (AMC) in
Washington, DC. VA will notify the appellant if further
action is required
The appeal has been advanced on the Board's docket pursuant
to 38 C.F.R. § 20.900(c) (2008). 38 U.S.C.A. § 7107(a) (2)
(West 2002).
Following review of the record, the appeal is REMANDED to the
RO via the Appeals Management Center (AMC), in Washington,
DC. VA will notify the appellant if further action is
required.
REMAND
Review of the record discloses that in correspondence dated
in August 2008, the veteran asked for a videoconference
hearing before a Member of the Board. It does not appear
that his request has been addressed. Accordingly, the case
is REMANDED for the following action:
Schedule the veteran for a
videoconference hearing before a
Member of the Board. He and his
representative should be notified
of the time and date of such and be
given adequate time to prepare.
After the hearing is conducted, or
if the veteran withdraws the
hearing request or fails to report
as scheduled, the claims file
should be returned to the Board in
accordance with standard appellate
procedure.
(Please note that this appeal has been advanced on the
Board's docket pursuant to 38 C.F.R. § 20.900(c) (2008).
Expedited handling is requested.)
The appellant has the right to submit additional evidence and
argument on the matter or matters the Board has remanded.
Kutscherousky v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate action must be handled in an expeditious manner.
See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2008).
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F. JUDGE FLOWERS
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2008).